Reitsma v. Pascoag Reservoir & Dam, LLC
Supreme Court of Rhode Island
1Opinion of the Court
*829OPINION
FLANDERS, Justice.
Can the state government involuntarily divest owners of private property other than by eminent domain or by condemnation? Yes, we hold, because, like private parties, the government itself can acquire an easement by prescription or title by adverse possession over property that was otherwise privately owned during the period of the taking. To do so, it must establish actual, open, notorious, hostile, and continuous use of the property under a claim of right for ten years, as required by G.L.1956 § 34-7-1. See, e.g., Talbot v. Town of Little Compton, 52 R.I. 280, 286,…
2Cases cited36 opinions
- Soriano v. United StatesSupreme Court of the United States · 1957
- Texaco, Inc. v. ShortSupreme Court of the United States · 1982
- United States v. DickinsonSupreme Court of the United States · 1947
- Brazos River Authority v. City of GrahamTexas Supreme Court · 1961
- Ackerman v. Port of SeattleWashington Supreme Court · 1960
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3Cited by31 opinions
- Harbor Houses Condominium Ass'n v. IDC Clambakes, Inc.Court of Appeals for the First Circuit · 2013
- Tavares v. BeckSupreme Court of Rhode Island · 2003
- Carnevale v. DupeeSupreme Court of Rhode Island · 2001
- Pascoag Reservoir & Dam, LLC v. Rhode IslandCourt of Appeals for the First Circuit · 2003
- Klumpp v. Borough of AvalonSupreme Court of New Jersey · 2010
26 more not listed; retrieve them via the Exa API.